Enforcement

How is the support order enforced?

The main purpose of any enforcement action is to make sure that child support payments are made regularly and in the correct amount. When the other parent fails to pay the whole amount, or does not pay at all, enforcement action is required.

In reviewing the file to determine the best method of enforcement, the Child Support Division’s first concern is establishing a regular payment plan for ongoing support. Collection of arrears is the secondary concern. Picking the best method of enforcement is based upon all the information about your case, such as past payment history, the date on which the last payment was received, where the other parent is located, how much money he/she makes and what kind of assets they hold.

The Child Support Division attempts to get the other parent to pay voluntarily. However, if they are unable or unwilling to do so, further action may be taken.

Contempt of Court:

If the court finds that a person is delinquent in the payment of child support as a result of an intentional violation of an order for support, the court may find the person in contempt of court.

As a result of this finding, the court has the authority to commit that person to jail.

Because child support cases are civil in nature and not criminal proceedings, there can be no conviction; however, the threat of incarceration is a strong incentive for delinquent parties to pay the ordered support.

Income Withholding:

As required by Indiana law, the Child Support Division will seek to obtain a wage withholding order to withhold child support from the paying parent’s wages. The paying parent will always be required to report to our office within 10 days of any change in address or employment.

Tax Interception:

Anyone who has applied to our program is eligible for the tax intercept program so long as the arrearage requirements are met ($100.00 for Aid to Families with Dependent Children and $500.00 for Non-Aid to families with Dependent Children). The Tax Intercept Program authorizes the interception of federal and state income tax refunds and lottery winnings of the delinquent parent. The state will retain a minimal fee, never greater than $25.00, for an intercepted tax refund.

Interstate Enforcement:

The Child Support Division will go across state lines to request the enforcement of child support orders in another state when the child lives in Floyd County. Full cooperation and assistance is offered to other states, which are strongly encouraged to provide reciprocal enforcement of child support orders.

Professional & Driver’s License Suspension:

Under Indiana Code 12-17-2-34(c), if the non-custodial parent is delinquent in the payment of child support by at least $2,000, or has a three (3) month child support arrearage, his or her driver’s license may be suspended.

Under Indiana Code 21-1-11.5-13(k), when a court finds that a non-custodial parent who is any attorney, licensed teacher, or practitioner is delinquent in the payment of child support as a result of an intentional violation of a child support order, the court shall issue an order to the board regulating the practice of the person’s profession, requiring suspension or prohibiting the board from issuing a license.

Criminal Charges:

The Child Support Division will make every effort to exhaust all civil remedies available in order to enforce and collect the child support arrearage. If these efforts are unsuccessful, criminal charges may be appropriate.

Effective July 1, 2014, Indiana Code 35-46-1-5(a) states that a person who knowingly or intentionally fails to provide support to the person’s dependent child commits Non-Support of a Child, a Level 6 Felony. This charge is elevated to a Level 5 Felony if the person has a previous conviction under this section.

A Level 6 Felony is punishable by up to two and a half (2.5) years imprisonment and/or a fine of up to $10,000. A Level 5 Felony is punishable by up to six (6) years imprisonment and/or a fine of up to $10,000.

It is a defense to the crime of Non-Support of a Dependent that the person was unable to provide support.

  • Prosecutor’s Victim Assistance Coordinator

    A victim of crime in connection with criminal charges filed by this office may be eligible to receive assistance from our Victim's Assistance Coordinator.

    The Victim’s Assistance Coordinator provides information for victims through interactions with law enforcement, prosecutors and during court proceedings; by providing support and guidance to victims and their families; by informing victims of their rights; and by advising victims and/or their families of case developments and any upcoming trial court or hearing dates.